Welcome to Never Retail Price. These Terms and Conditions govern your use of the Never Retail Price website www.neverretailprice.com (the “Site”). These Terms and Conditions are a legal agreement between you and Never Retail Price (“we”, “us”, or “NRP”). Any person accessing or using the Site (a “User” or “you”) agrees to do so in accordance with these Terms & Conditions. By accessing or using the site you are agreeing that you have read, understand, and agree to be bound by these Terms and Conditions. If you do not agree or are unable to agree to be bound by these Terms and Conditions, do not use the Site.
We may modify these Terms and Conditions from time to time. Changes become affective when they are posted to the Site, and your continued use of the Site after such posting will constitute acceptance of the revised terms and conditions by you. If, at any time, you do not agree to be bound by the Terms and Conditions herein, do not continue to use the Site.
Use of the Site
- Your use of any information, materials, or products provided on the Site is entirely at your own risk, for which we are not liable. It shall be your responsibility to ensure that any products, services, or information available on the Site meet your requirements and are used properly.
- As a condition of your use of the Site, you agree to use this Site in a manner that is lawful and proper. You warrant that you will not use the Site or any products or services ordered from the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Site in any way that could damage or impair the Site or interfere with others use and enjoyment of the Site.
- The Site is not intended to be used by minors or persons otherwise unable to enter into a legally binding contract. All purchases must be made by persons who are not minors and can legally enter into binding contracts.
Products and Services
- Never Retail Price relies on a network of independent affiliates, agents, third-party product providers, third-party content providers, vendors, suppliers, designers, contractors, distributors, merchants, sponsors, licensors and the like (collectively, “Associates”) who supply some of the goods advertised on the Site and, in some cases, drop ship them directly to our customers.
- It is your responsibility to identify and obey all applicable law in regard to use of any items purchased on the Site. By placing an order, you represent that the products ordered will be used only in a lawful manner.
- Any measurements are provided only for convenience purposes and should not be relied upon conclusively. Color of products may vary based on variations in materials, including variations within natural products, and may depend on your computer system’s color rendering ability. Never Retail Price cannot guarantee that your computer accurately displays color.
- Never Retail Price may make changes to any product or service offered on the Site, or to the prices of those products or services at any time.
- Never Retail Price may, from time to time, advertise edible products or nutritional supplements on the Site. All information provided within the Site is for informational purposes only and is not intended to provide you with medical, nutritional, or other advice.
- Products sold on the Site may contain allergens. It is your responsibility to ensure that such products are appropriate for your intended use. You should carefully read all product labels and packaging prior to use.
Payment and Cancellation
- Never Retail Price requires full payment of any order, including any applicable taxes and delivery fees, prior to shipping. In states where we are not required to collect sales tax at the time of purchase, Users are responsible for ensuring that they comply with the sales and use tax laws applicable to them.
- From time to time, at its sole discretion, Never Retail Price may offer special promotions, credits, awards or discounts. All Promotions can be modified or terminated at any time by Never Retail Price with or without advance notice. Promotions may be offered on a limited time basis and may be subject to certain restrictions, terms and conditions (which will be described at the time of the promotion).
- Never Retail Price currently ships products throughout the continental United States. Some items may not be eligible for shipping to Alaska and/or Hawaii, and those items will be clearly marked. At this time, shipping is unavailable to international locations.
- Never Retail Price and its Associates strive to provide prompt shipping on orders placed through the Site. If you have placed an order for multiple items, those items may be shipped separately. In that case, a notification that your order has “shipped” indicates that the first item(s) has shipped, and may not mean that all items ordered were shipped at that time.
- When an order is placed, the ordered item(s) will be shipped to an address designated by the purchaser so long as that address complies with the shipping restrictions on the Site. Risk of loss and title for items purchased on the Site pass to you once the items have been provided to the shipping carrier.
- Though we strive to ship all orders promptly, we do not guarantee any specific delivery dates. If an item is out of stock or back-ordered, we will attempt to inform you promptly.
Never Retail Price does not provide a warranty for the products sold on the site. Warranties provided by product manufacturers may apply.
- If you are not satisfied with your purchase, you can contact Never Retail Price at email@example.com to request a return. You may request returns for most new, unopened items within 30 days of delivery. To be considered for a return, a product must be unused and in its original packaging.
- If Never Retail Price determines that your product(s) qualify for a return, you will be provided with a Return Authorization Number and address to ship the returned item to. You must ship your return to the address provided to you by Never Retail Price within 30 days of your receipt of the product.
- Unless the product is a Defective Product as defined herein, shipping charges for returns are the responsibility of the User.
Receipt of Damaged or Incorrect Products
- If, at the time of delivery, you believe that you received an incorrect product or the product is broken, damaged, or defective (a “Defective Product”) you should contact customer service immediately at firstname.lastname@example.org to obtain a Return Authorization Number and address to ship the Defective Product to.
- To qualify for a return, a Defective Product must be shipped to the address provided by Never Retail Price within 14 days of when the Defective Product was delivered to you. The product’s Return Authorization Number must be included with the product when returned in order to be eligible for a refund or replacement.
- Never Retail Price reserves the right to request photos or other information regarding the condition of an allegedly Defective Product prior to authorizing a return. Upon receipt of the returned product, Never Retail Price or its Associate will inspect the item and may, at its sole discretion, provide a replacement product or issue a refund. Never Retail Price is not obligated to provide any refund for returned products that are determined not to be defective.
- Users may have opportunities to post reviews, comments, feedback, images, videos, and other material (collectively “User Content”) on or through the Site. By posting User Content, you agree to grant Never Retail Price and our Associates a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, perpetual, worldwide license to use, copy, publicly display, promote, and distribute such User Content and to prepare derivative works based on, or incorporate into other works, such User Content, with or without attribution. You understand that all your User Content may be visible to, sent to, and viewed by all other Users and the general public, and you expressly waive any privacy rights you may otherwise have to User Content you submit.
- Users are solely responsible for User Content they post. Never Retail Price may, but is not obligation to, monitor User Content postings submitted to the Site. We may remove any User Content that we, in our sole discretion, deem inappropriate, illegal, threatening, harmful, offensive, or in violation of these Terms and Conditions.
If you elect to create an account with the Site, it is your exclusive obligation to maintain and control passwords and other login information for your account. You are prohibited from sharing this information with any third party or allowing any third party to use your account. You are exclusively responsible for all activities that occur in connection with your user name and password. You agree to immediately notify Never Retail Price of any unauthorized uses of your user name and password or any other breaches of security. Never Retail Price will not be liable for any loss or damages of any kind, under any legal theory, caused by your failure to comply with the foregoing security obligations or caused by any person to whom you grant access to your account.
Third Party Links to Site
This Site may provide links to other websites allowing you to leave this Site to access third-party material or by bringing third-party material into this Site via “inverse” hyperlinks and framing technology (a “Linked Site”). Never Retail Price has no discretion to alter, update, or control the content on a Linked Site. The fact that Never Retail Price has provided a link to a website is not an endorsement, authorization, sponsorship, or affiliation with respect to such website, its owners, or its providers. There are inherent risks in relying upon, using or retrieving any information found on the internet, and Never Retail Price urges you to make sure you understand these risks before relying upon, using, or retrieving any such information on a Linked Site.
Intellectual Property Rights
- All content located on the Site including, but not limited to, logos, trademarks, images, photos, diagrams, and product descriptions, is the property of Never Retail Price or its Associates and is protected by copyright and/or trademark laws. You are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content available on or through the Site for commercial or public purposes.
- In accordance with the Digital Millennium Copyright Act, we are not liable for any infringement of copyrights, trademarks, trade dress or other proprietary or intellectual property rights arising out of content posted on or transmitted through the Site, or items advertised on the Site, by our Associates. If you believe that your rights under intellectual property laws are being violated by any content posted on or transmitted through the Site, or items advertised on the Site, please contact us promptly so that we may investigate the situation and, if appropriate, block or remove the offending Content and/or advertisements.
- ALL CONTENT, PRODUCTS AND SERVICES ON THE SITE OR OBTAINED FROM A LINKED SITE ARE PROVIDED TO YOU WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. YOUR USE OF THIS SITE AND ANY LINKED SITE IS AT YOUR OWN RISK AND DISCRETION.
- The information, software, products and descriptions of services published on the Site or a Linked Site may include inaccuracies or typographical errors, and Never Retail Price specifically disclaims any liability for such inaccuracies or errors. Never Retail Price does not warrant or represent that the content on the Site is complete or up-to-date. Never Retail Price is under no obligation to update the content on the Site. We may change the content on the Site at any time without notice. We may make improvements or changes to the Site at any time. Never Retail Price does not warrant the accuracy, adequacy, or completeness of any information and materials on the site or provided or obtained in connection therewith. Never Retail Price does not warrant that your use of the Site or that information on the Site will be secure, uninterrupted, error-free, available, accurate, or that any defects in the Site will be corrected. Never Retail Price makes no warranties about the continued availability of the Site or products listed on the Site.
- You agree that you are using this website and any products sold hereon at your own risk. Never Retail Price, its affiliates and any of their respective officers, directors, employees, or agents will not be liable, whether in contract, tort, or otherwise, for any indirect, punitive, special, consequential, incidental or indirect damages (including without limitation lost profits, cost of procuring substitute service or lost opportunity) arising out of or in connection with a) the delay or inability to use the Site or a linked site, even if Never Retail Price is made aware of the possibility of such damages. This limitation on liability includes, but is not limited to, the transmission of any malware which may infect your equipment, failure of mechanical or electronic equipment or communication lines, telephone or interconnect problems (e.g., you cannot access your internet service provider), unauthorized access, theft, operator errors, strikes or other labor problems or any force majeure. Never Retail Price cannot and does not guarantee continuous, uninterrupted or secure access to the Site.
- Your only right and remedy in case of dissatisfaction with the Site shall be your termination of your account.
- You agree to indemnify, defend and hold harmless Never Retail Price from and against any and all claims, losses, expenses, demands or liability, including attorneys’ fees and costs incurred by Never Retail Price in connection with any claim by a third party (including an intellectual property claim) arising out of (i) your use or misuse of, or inability to use, the Site, (ii) any testimonials or other information or content you submit, post or transmit through the Site, (iii) your violation of these Terms and Conditions or your violation of any rights of a third party, (iv) your interactions with or conduct towards any other users, or (v) your violation of any applicable law, rules or regulations. You agree that you will cooperate as reasonably requested by Never Retail Price in the defense of such claims. Never Retail Price reserves the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Users.
- Minnesota law governs these Terms and Conditions, as well as any claim, cause of action or dispute that might arise between you and Never Retail Price, without regard to conflict of law provisions. For any such claim, cause of action or dispute, you agree and consent to the jurisdiction and venue of the state and federal courts of the State of Minnesota.
- If any provision of these Terms and Conditions is held unenforceable, then such provision will be modified to reflect the parties’ intention, and all remaining provisions of these Terms and Conditions shall remain in full force and effect.
- These Terms and Conditions contain the entire agreement between you and Never Retail Price regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not contained in these Terms and Conditions.
- If you have any questions or need further information as to the Site or need to notify Never Retail Price as to any matters relating to the Site, please contact customer support.